Phelan v. Eckert et al

Filing 3

ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by Kenneth J. Phelan, plaintiff has until 12/13/2010 to furnish the court with a signed Authorization authorizing the institution in which the plaintiff is confined to pay the full  6;350.00 filing fee or pay the full filing fee of $350.00; Clerk of the Court is to close this case as dismissed after 12/13/2010 if the plaintiff has not either provided the Court with a signed authorization or paid the full filing fee by 12/13/2010 (Response due by 12/13/2010.). Signed by Hon. Michael A. Telesca on 11/2/2010. (TO)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK KENNETH J. PHELAN, 09A1183, Plaintiff, -vS. ECKERT and J. BERBARY, Defendants. 10-CV-6612CJS ORDER

Plaintiff Kenneth Phelan, who is presently incarcerated at the Great Meadow Correctional Facility, has submitted to the Court a complaint and an affidavit of poverty seeking permission to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). Before this action can proceed the Court must receive a signed Authorization from plaintiff authorizing the institution in which the plaintiff is confined to pay the full $ 350.00 filing fee. The Clerk of the Court is directed to send a new form

application to proceed as a poor person and a Prison Authorization Form. Accordingly, the plaintiff has until December 13, 2010 to (a) furnish the Court with a signed Authorization authorizing the institution in which the plaintiff is confined to pay the full $350.00 filing fee or (b) pay the full filing fee of $ 350.00. If the Court does not receive another signed Authorization or the full fee of $ 350.00 on or before such date, this action will

be dismissed without further notice to the plaintiff and, if any part of the filing fee has already been submitted to the Court from the institution, it will be returned to the institution for deposit in the plaintiff's inmate account. IT IS HEREBY ORDERED, that the Clerk of the Court is to close this case as dismissed after December 13, 2010, if the plaintiff has not either provided the Court with a signed Authorization or paid the full filing fee by that date. SO ORDERED. S/ MICHAEL A. TELESCA MICHAEL A. TELESCA United States District Judge Dated: November 2, 2010 Rochester, New York

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